The political battle over the 2020 election investigation has focused intently on the judiciary, as Senator Ted Cruz (R-TX) publicly demanded the impeachment of U.S. District Judge James Boasberg on Wednesday. Senator Cruz’s call stems from Judge Boasberg’s approval of a secret order blocking Cruz’s phone provider, AT&T, from notifying the Senator that his phone records were being subpoenaed as part of the 2022 “Arctic Frost” investigation.
The “Arctic Frost” probe, which Republicans say targeted over 430 Republican individuals and organizations for alleged 2020 election subversion efforts, included the phone records of nine Republican senators and one House member. Cruz and his colleagues argue the investigation, led by former Special Counsel Jack Smith, was a partisan effort by the previous administration’s Department of Justice (DOJ).
Senator Cruz specifically denounced Judge Boasberg’s approval of the non-disclosure order, which the judge reportedly justified under “reasonable grounds” that Cruz would destroy or tamper with evidence related to the investigation into the January 6th Capitol riot.
“There is precisely zero evidence to conclude that I am likely to destroy or tamper with evidence or to intimidate potential witnesses,” Cruz stated emphatically. “This order is an abuse of power, this order is a weaponized legal system.”
Cruz went further, stating, “If a judge signs an order reaching a factual conclusion for which there is zero evidence whatsoever, that judge is abusing his power.” He mockingly suggested Judge Boasberg may have approved the numerous subpoenas indiscriminately: “My assumption is Judge Boasberg printed these things out like the placemats at Denny’s.”
Ultimately, AT&T declined to comply with the subpoena for Cruz’s records, citing the protections afforded by the Speech or Debate Clause in Article I of the Constitution, which grants legislative immunity.
Cruz now joins eight other Republican senators whose phone records were targeted in connection with the investigation:
- Marsha Blackburn (R-TN)
- Ron Johnson (R-WI)
- Bill Hagerty (R-TN)
- Josh Hawley (R-MO)
- Cynthia Lummis (R-WY)
- Lindsey Graham (R-SC)
- Dan Sullivan (R-AK)
- Tommy Tuberville (R-AL)
Senator Cruz is also demanding that Judge Boasberg face sanctions in federal court for blocking the notice of the phone record subpoenas.
The controversy aligns with wider Republican accusations of political persecution. Whistleblower-sourced records made public on Wednesday suggest the DOJ and the FBI spent thousands of dollars to investigate Republican lawmakers as part of a “campaign” pursuing President Donald Trump’s 2020 election loss. Lawmakers claimed at a news conference that the investigation potentially targeted 156 conservatives and conservative organizations.
Senator Cruz vowed that the new Republican-led government would ensure accountability.
“There will be accountability for these zealots who wanted to corrupt the Department of Justice and corrupt the judiciary in order to try to attack their enemies list,” Cruz promised.
The demands for Judge Boasberg’s impeachment and full transparency into the “Arctic Frost” investigation are expected to dominate the legislative agenda in the coming weeks, promising a major showdown between Congress and the judicial branch.
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